As high school graduation ceremonies approach, you’re likely celebrating a major milestone in your child’s life. But with this new chapter comes an important change you may not have considered: legal adulthood. At 18, your graduate is now an adult in the eyes of the law, which has a surprising impact on your ability to help them.
The Legal Shift at Age 18
Once your child turns 18, the law grants them the same rights and responsibilities as any other adult. This means that as their parent, you no longer have an automatic legal right to:
- Access their health care information
- View their school records
- Manage their bank accounts or financial details
This legal shift can put you in a difficult position, especially in an emergency. For example, if your son or daughter gets into a car accident and is hospitalized, you would no longer have the right to get medical information from their doctors or make medical decisions for them if they can’t communicate.
Essential Estate Planning for Your 18-Year-Old
Even though the law sees them as an adult, they may still need your help. Putting a few key documents in place can ensure you can continue to support them when they need it most.
- Health Care Proxy: This document allows your child to legally designate a person (like you) to make medical decisions on their behalf if they become incapacitated. Without it, you would have to go through a costly and time-consuming court process to become their legal guardian—valuable time that could be critical to their health. A well-drafted health care proxy also includes a HIPAA authorization, which grants you access to their medical records and allows you to make informed decisions.
- Living Will: This works with the health care proxy to provide specific instructions on your child’s wishes for medical treatment in the event of a terminal illness. It can outline their preferences regarding CPR, feeding tubes, or ventilators.
- Durable Power of Attorney: This gives your child the ability to name a trusted person to make financial decisions for them if they are unable to. As the designated agent, you could handle financial aid paperwork, file tax returns, sign a lease, manage bank accounts, and pay bills on their behalf. Without this document, you would again have to petition the court for this authority.
A Quick Tip for Emergency Situations
While these legal documents are crucial, also consider setting up your child’s phone for emergencies. Make sure their emergency medical information and key contacts are easily accessible on their locked phone for first responders. Many smartphones have a feature for this, which is a modern solution to the old practice of saving emergency contacts under “ICE” (“In Case of Emergency”).
To learn more about the estate planning your high school graduate needs, contact us for a free consultation. We can help you create a plan that ensures the security of your entire family.